Workers' Compensation
Listed below is McConnaughhay, Coonrod, Pope, Weaver & Stern, P.A.'s workers' compensation case law database. The database dates back until 1971 and includes over 5500 workers' compensation court decisions.
To view the case summaries, select one of the general topics listed below.
Rucker v. City of Ocala
21 FLW D2567
Court determined that Section 440.13(5)(e), F.S., was
constituional as applied. This provision states that
only medical testimony from authorized doctors,
independent medical examiners, and medical advisers can
be received into evidence. Court interpreted the
provision that only employer/carrier authorized
treating physician could testify.
Court determined that statutory provision under
consideration did not violate procedural due process
requirement. Because workers' compensation proceedings
are administrative in nature, less stringent
formalities are needed to satisfy due process concerns.
Although the claimant is limited in the medical
opinions that can support his claim, this did not
completely deny his right to present evidence. The
claimant had alternative methods of obtaining and
introducing medical opinions to prove his case. For
example, the claimant could have chosen his requested
doctor as an IME physician. The chosen IME physician
could have testified as to chiropractic care if he had
the requisite knowledge and qualifications. The
claimant could have requested an alternative IME
physician as allowed under Section 440.13(5)(b),
Florida Statutes.
The court found that the statutory provision in
question did not violate access to courts and equal
protection provisions of the Florida Constitution.
